Congress Reviews Synthetic Drug Legislation

The rate of proliferation of new synthetic drugs and the growing use of these substances led some members of Congress to introduce new legislation.

October 22, 2015

WASHINGTON – This week, the House Energy and Commerce Subcommittee on Health held its second hearing in as many weeks on the nation’s drug abuse problems. While the majority of the hearing focused on opioid and heroin abuses and treatments, the Subcommittee also reviewed issues surrounding synthetic drug use.

Synthetic drugs are substances, generally manufactured abroad, that are chemically altered to imitate the effects of other drugs, such as marijuana or cocaine. The drugs are often marketed as common household products such as air fresheners or incense and labeled as “not for human consumption” to avoid certain federal regulatory requirements.

In an attempt to address this issue, Congress passed the Synthetic Drug Abuse Prevention Act in 2012. The legislation added numerous synthetic drugs to Schedule I of the Controlled Substances Act (CSA) and gave the U.S. Drug Enforcement Administration (DEA) greater authority to temporarily designate new products as controlled substances. Additionally, the Federal Analogue Act allows chemicals that are “substantially similar” to controlled substances (controlled substance analogues) to be treated as if they are in Schedule I of the CSA. However, the rate of proliferation of new synthetics and the growing use of these substances has caused some members of Congress to introduce new legislation.

The Synthetic Drug Control Act of 2015 (H.R. 3537), championed by Representative Charlie Dent (R-PA), adds additional known synthetic drugs to Schedule I of the CSA and lowers the standard for new synthetics to be controlled as analogues. The goal of the legislation is to allow federal authorities greater flexibility in regulating new synthetic drugs when they appear on the market.

Two weeks ago, the subcommittee heard testimony from federal officials at the National Drug Control Policy Office, the U.S. Department of Health and Human Services, and the DEA. The second hearing, held Tuesday, featured witnesses with medical and public health backgrounds. While synthetics were not the main focus of either hearing, multiple witnesses expressed support for H.R. 3537 to combat the growth of the synthetic drug market and to better regulate the drugs.

Although NACS members do not sell or tolerate the sale of synthetic drugs, the convenience store industry as a whole has occasionally received negative press attention for purported sales of these products. NACS has taken an active role on this issue, working with law enforcement officials to ensure compliance with all federal and state laws. Earlier this year, NACS sent a letter to the National Association of Attorneys General (NAAG) offering its support in any efforts to cut down on the sale and use of illegal synthetics.

In conjunction with Tuesday’s hearing, NACS submitted a letter for the record (PDF) expressing its support for H.R. 3537. “Our industry whole-heartedly endorses that bill and the goal of eliminating these dangerous drugs from our society,” the letter states. 

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